What is the difference between mediation and collaboration?

Mediation and collaboration are two legal tools used in the legal process in Arizona. The primary difference between the two tools is in the amount of control that each side has. Mediation is a process through which a third-party mediator works to help two unrelated parties to come to an agreement. The mediator is an impartial third-party who assists the parties in identifying the various issues at hand and exploring potential solutions. During the process, the mediator is in control of the conversation, and the parties exchange information and ideas with guidance of the mediator. The mediator is not in control of the outcome, and the parties have the power to decide whether to reach an agreement and what terms should be included in the agreement. Collaboration, on the other hand, is a process through which two parties work together to come to an agreement. In this process, the parties have more control over the outcome as they work together to find a resolution. In this model, it is recommended that each party have their own attorney or advisor to provide legal advice and ensure that their rights are being protected. With collaboration, the parties have more control of the process and can work together to come to an agreement that is fair to both of them. Although both processes can lead to a mutually beneficial agreement, there are key differences between them. Mediation gives control of the process to a third-party, while with collaboration the parties have more control of the process. Ultimately, the goal of both processes is to help the parties reach a mutually agreed upon resolution.

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What is the difference between mediation and collaboration?

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